Queen's Counsel

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Further to the answer by the Lord Chancellor on 12 December (HL Deb, cols 377–78), why the power to recommend to the Sovereign who should be appointed Queen's Counsel should be retained by the Lord Chancellor and not delegated instead to the Lord Chief Justice, who is independent of the Executive.

Lord Irvine of Lairg: As I explained in my answer to the noble Lord, Lord Goodhart, on 12 December, the Lord Chancellor is at the end of a line of processes that includes impartial civil servants, the judiciary, the legal profession and now lay assessors. Every stage is open to the closest scrutiny by the Judicial Appointments Commissioner. The Lord Chancellor is also directly and personally answerable to Parliament for the system and policies relating to the award of Queen's Counsel. That kind of accountability could not be appropriate for the Lord Chief Justice. Nor would it be appropriate for the Lord Chief Justice to be responsible for a system which exists to confer benefits on consumers in relation to the provision of services by the legal profession.

Strangford: Schools

Lord Kilclooney: asked Her Majesty's Government:
	What are the present enrolments in each of the primary, secondary and grammar schools in the Strangford constituency; and what were the equivalent figures five years ago.

Lord Williams of Mostyn: The information for 2002–03 is not yet available. The information for 1996–97 and 2001–02 is as follows:
	
		
			 School Name Enrolment 1996–97 Enrolment 2001–02 
			 Primary Schools  
			 Abbey Primary School 603 636 
			 Alexander Dickson Primary School 219 194 
			 Andrews Memorial Primary School 522 436 
			 Ballycloughan Primary School 84 68 
			 Ballykeigle Primary School 53 44 
			 Ballywalter Primary School 165 178 
			 Brooklands Primary School 683 693 
			 Carrickmannon Primary School 80 94 
			 Carrowdore Primary School 137 150 
			 Carryduff Primary School 315 257 
			 Castle Gardens Primary School 419 357 
			 Comber Primary School 388 392 
			 Darragh Cross Primary School 86 91 
			 Derryboy Primary School 81 60 
			 Dundonald Primary School 587 603 
			 Greyabbey Primary School 69 73 
			 Killinchy Primary School 240 255 
			 Killyleagh Primary School 140 116 
			 Kircubbin Primary School 79 107 
			 Kirkistown Primary School 58 60 
			 Londonderry Primary School 305 280 
			 Loughries Primary School 83 81 
			 Moneyrea Primary School 143 140 
			 Newtownards Model Primary School 400 391 
			 O'Neill Memorial Primary School 43 24 
			 Portaferry Integrated Primary School 48 87 
			 Portavogie Primary School 133 186 
			 Regent House Preparatory Department 161 159 
			 St Finan's Primary School 144 117 
			 St Joseph's Primary School 653 825 
			 St Mary's Primary School, Portaferry 277 246 
			 St Mary's Primary School, Comber 31 36 
			 St Mary's Primary School, Ballygowan 50 30 
			 St Mary's Primary School, Kircubbin 211 158 
			 St Mary's Primary School, Killyleagh 137 134 
			 St Patrick's Primary School 112 108 
			 Victoria Primary School, Newtownards 572 559 
			 Victoria Primary School, Ballyhalbert 101 119 
			 West Winds Primary School 179 182 
			  
			 Secondary Schools   
			 Comber High School 416 361 
			 Dundonald High School 609 607 
			 Glastry College 531 586 
			 Lagan College 948 1,013 
			 Movilla High School 858 873 
			 Saintfield High School 326 336 
			 St Columba's High School 345 280 
			 Strangford Integrated College Not Opened 416 
			  
			 Grammar Schools   
			 Regent House School 1,441 1,449

Northern Ireland Film and TelevisionCommission

Lord Laird: asked Her Majesty's Government:
	Since the creation of the Northern Ireland Film and Television Commission, how much it has grant aided films from an Irish background and how much from an Ulster Scots background.

Lord Williams of Mostyn: The Northern Ireland Film and Television Commission has reviewed all the feature films assisted by it since its establishment in April 1997, but is unable to assess them in terms of "Irish background" or "Ulster Scots background".

Northern Ireland Arts Council

Lord Laird: asked Her Majesty's Government:
	Further to the Written Answer by the Lord Privy Seal on 6 November (WA 121) concerning the funding provided by the Northern Ireland Arts Council to Irish and Ulster Scots, whether the council has an action plan to develop a position of equality in funding; and, if not, why not.

Lord Williams of Mostyn: The council is currently engaged with the Ulster Scots Agency, the Ultacht Trust and Foras na Gaeilge in an in-depth research and needs analysis survey into the arts of Irish and Ulster Scots, which will inform the future development of policy in this area.

Parliamentary Contributory Pension Fund

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Further to the Written Answer by the Lord Privy Seal on 17 December (WA 99), whether they intend to lay a statutory instrument before Parliament, in relation to the Parliamentary Contributory Pension Fund, to extend survivor pensions to unmarried adult dependants and to continue survivor pensions if a spouse remarries.

Lord Williams of Mostyn: It is the Government's policy that the cost of extending pensions to surviving adult dependants, and of paying pensions to surviving spouses for life, should fall to members of the fund. Following the vote last year, the trustees were asked to consider how these proposals could best be implemented. The Leader of the House of Commons will be meeting the chairman of the trustees this week to discuss this issue.

Ministers and Civil Servants:Home to Office Travel

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether it is their policy to encourage Ministers and Permanent Secretaries to use public transport to make their daily journeys to and from their departments.

Lord Williams of Mostyn: All travel complies with the requirements of the Ministerial Code, Travel by Ministers and the Civil Service Management Code as appropriate. In deciding the mode of travel for home to office journeys, individuals will take into account business considerations such as the need to work on official papers, some of which may carry a protective marking. For some individuals, security considerations will also be relevant.

Northern Ireland Civil Service

Lord Rogan: asked Her Majesty's Government:
	Whether the implementation of recruitment policies and practices in the Northern Ireland Civil Service is satisfactory; and whether the same criteria are applied to the Northern Ireland Civil Service as to the Civil Service in England and Wales.

Lord Williams of Mostyn: Yes. These policies and practices reflect both employment law as it applies specifically in Northern Ireland and the particular requirements of the Civil Service Commissioners for Northern Ireland. Specific selection criteria depend on the qualities and skills needed for particular posts. The general principle of recruitment on merit in fair and open competition is common to Civil Service appointments throughout the United Kingdom.

Irish Language Agency

Lord Laird: asked Her Majesty's Government:
	Further to the Written Answer by the Lord Privy Seal on 28 November (WA 66) concerning the chief executive of the Irish Language Agency, what was the memorandum from a government lawyer to the British Joint Secretary of the North/South Ministerial Council of 8 July; whether they received legal opinions authorised by Tha Boord o Ulster-Scotch dated 24 April, 21 May and 22 June; whether these and any other opinions can be placed in the Library of the House; and why these were not referred to in the answer.

Lord Williams of Mostyn: The legal opinions referred to were taken on behalf of or supplied to the devolved administration and the present Government are not privy to that information.

Irish Language Agency

Lord Laird: asked Her Majesty's Government:
	Whether they consider that the recent appointment of a chief executive of the Irish Language Agency, for which proficiency in Irish was a requirement, discriminates against the unionist community in Northern Ireland who do not learn Irish; and, as the agency operates in both Northern Ireland and the Republic of Ireland with offices in both, which employment laws apply and why.

Lord Williams of Mostyn: The requirement to have a proficiency in the Irish language may have had a disproportionate impact on the Protestant community in Northern Ireland. The requirement was, however justified because the working language of the Irish Language Agency is Irish and there was therefore, a business need for this. As the work of the chief executive of the Irish Language Agency is carried out wholly or mainly outside Northern Ireland, the employment laws of Northern Ireland do not apply to the appointment; the employment law of the Republc of Ireland would apply to the post.

Irish Language Agency

Lord Laird: asked Her Majesty's Government:
	Whether the Irish Language Agency has recruited employees for its offices in Northern Ireland; whether Irish language proficiency was a requirement; if so, why; and under what equality law they were recruited.

Lord Williams of Mostyn: No employees have been recruited as yet. The Irish Language Agency is in the process of obtaining the necessary approvals to allow it to recruit staff for the Belfast office. A proficiency in the Irish language will be required because the working language of the agency is Irish. As the work of these officials will be carried out wholly or mainly in Northern Irleand the equality laws of Northern Ireland will apply to the recruitment process.

Northern Ireland Department of Culture, Arts and Leisure: Linguistic Diversity Branch

Lord Laird: asked Her Majesty's Government:
	Further to the Written Answer by the Lord Privy Seal on 6 November (WA 123) concerning the Linguistic Diversity Branch of the Northern Ireland Department of Culture, Arts and Leisure, who has provided expert advice on Irish Language and on Ulster-Scots culture, language and history since 1 December 1999; what the topic was; and how much was paid in each case.

Lord Williams of Mostyn: Linguistic Diversity Branch (LDB) is an administrative unit of the Northern Ireland Department of Culture, Arts and Leisure (DCAL). The North/South Language Body has a remit to advise both governments on Irish and Ullans. DCAL has developed links with two Scottish Universities, the University of Strathclyde and the University of Aberdeen. LDB has also received advice from Mr Miguel Strubel, Universitat Oberta de Catalunya; Mr Joe Lo Bianco, Visiting Professor, Scottish CILT, University of Glasgow; Mr John Walter Jones, Chief Executive, Welsh Language Board; Mr Dauvit Horsbroch, Department of Celtic, University of Aberdeen; Professor Colin Williams, Department of Welsh, Cardiff University; and Dr Padraig O Riagain, Research Professor, Institiud Teangeolaiochta Eireann. Advice was sought in relation to broad-ranging minority language issues from these sources.
	DCAL has also co-operated with a number of bodies such as the European Bureau for Lesser Used Languages (EBLUL), the European Centre for Minority Issues, Queen's University, Belfast, the University of Ulster and the Placenames Project of Northern Ireland on projects or conferences which would increase awareness of Irish language and Ulster-Scots, heritage and language.
	Mr Donall O Riagain has been engaged as specialist adviser in relation to the European Charter for Regional or Minority Languages. Mr O Riagain is a former president and secretary general to the European Bureau of Lesser Used Languages.
	Professor Gerry Stockman was retained for a period as consultant to advise on standards of Irish language translations.
	Views on Irish and Ulster-Scots have also been obtained through commissioned research.
	Information on costs is not readily available but I will write to the noble Lord as soon as the information has been collated.

Northern Ireland Department of Culture, Arts and Leisure: Linguistic Diversity Branch

Lord Laird: asked Her Majesty's Government:
	What steps Linguistic Diversity Branch of the Northern Ireland Department of Culture, Arts and Leisure, has taken to advance the status of Ulster-Scots under the European Charter from Part 2 to Part 3 status; and whether it has fulfilled its obligations towards Ulster-Scots under Part 2.

Lord Williams of Mostyn: Linguistic Diversity Branch is an administrative unit of the Northern Ireland Department of Culture, Arts and Leisure (DCAL). The remit of DCAL includes advising the Secretary of State and Northern Ireland departments on their obligations in respect of the European Charter for Regional or Minority Languages and the Belfast Agreement.
	The department also supports the work of Tha Boord o Ulster-Scotch of the North/South Language Body, in promoting greater awareness and use of Ullans which can contribute to raising its status.
	The Government have submitted their report on the implementation of the charter to the Council of Europe. That report is now under consideration by the Committee of Experts who will, in due course, produce an opinion on the progress by the Government in fulfilling their obligations. A copy of that report has been placed in the Library of the House.

Ulster Scots Agency

Lord Laird: asked Her Majesty's Government:
	Further to the Written Answer by the Lord Privy Seal on 7 November (WA 171), whether a new board member was appointed to the Ulster Scots Agency; whether arrangement was made for the appointment of a chief executive not agreed by the North/South Ministerial Council; and, if so, when.

Lord Williams of Mostyn: The North/South Ministerial Council approved the appointment of a new member to the board of the North/South Language Body, in accordance with Annex 2, Part 5, paragraph 2.8 of the North/South Implementation Bodies Agreement, made between the British and Irish Governments on 8 March 1999, at a meeting in the Language Sector held on 7 December 2001. The person appointed has responsibility for the functions of the body in relation to Ullans and Ulster-Scots cultural issues through the Ulster-Scots Agency.
	With regard to the arrangement for appointment of a chief executive, I refer the noble Lord to the Answer given on 6 November (WA 119).

Ulster Scots Agency

Lord Laird: asked Her Majesty's Government:
	Whether the interim chief executive of the Ulster-Scots Agency prepared a chief executive's job description during 2000; who else was involved in its preparation; and to whom was it forwarded.

Lord Williams of Mostyn: It was agreed by the Northern Ireland Department of Finance and Personnel and the Department of Finance in the Republic of Ireland that an exercise should be carried out by the Business Development Service (BDS), DFP to evaluate the grading level and salary scale for the chief executive posts in all the North/South bodies. As part of that exercise BDS interviewed the interim chief executives and drew up a job description to assist them in the evaluation. The outcome of the evaluation, including the job descriptions were forwarded to the two Finance Departments and the relevant sponsoring departments.

Waterways Ireland

Lord Laird: asked Her Majesty's Government:
	Regarding the equality scheme of Waterways Ireland referred to in its annual report of 1999–2000, who were the more than 300 people and organisations consulted; and from whom the body sought advice on the issue of human rights.

Lord Williams of Mostyn: The list of organisations consulted by Waterways Ireland regarding the equality scheme is set out below.
	Waterways Ireland employed a consultant who sourced the necessary information to advise the organisation on the impact and implementation of human rights legislation. Waterways Ireland has collated human rights information from the Northern Ireland Human Rights Commission and from the Republic of Ireland's Department of Justice, Equality and Law Reform. Waterways Ireland is continuing to consult with relevant organisations on equality and human rights issues.

Northern Ireland Hospice

Lord Rogan: asked Her Majesty's Government:
	How the level of expertise in specialist palliative care can be maintained during the proposed inquiry into the work of Northern Ireland Hospice Care.

Lord Williams of Mostyn: This is a matter for the Northern Ireland Hospice as an independent voluntary organisation. However, the level of specialist palliative care provided by the Northern Ireland Hospice has been inspected, and will continue to be inspected, by the Eastern and Northern Health and Social Services Boards' Registration and Inspection Units, which have statutory powers to ensure that a good standard of care is provided for patients at the adult and children's hospices respectively and to take action if patient care is affected. Recent inspection reports have found that the standard of patient care is satisfactory.

Shannon Navigation

Lord Laird: asked Her Majesty's Government:
	What progress has been made on the Shannon navigation by Waterways Ireland; what is the total cost to date; and when it will be completed.

Lord Williams of Mostyn: Waterways Ireland continues to develop the Shannon navigation on an ongoing basis as a multi-purpose amenity and recreation resource offering facilities for navigation and other activities for the benefit of the general public.
	Three main capital projects, which had commenced prior to the establishment of Waterways Ireland, have since been completed on the Shannon navigation as follows: Limerick harbour; Boyle harbour; Ballinasloe harbour.
	Work is currently in progress on the following capital projects: Ballyleague, County Roscommon: new harbour to be completed June 2004; Shannonbridge, County Offaly: 180 metres of moorings to be completed June 2003; Scarrif, County Clare: extension to existing quay to be completed June 2003.
	Funding for capital projects on the Shannon navigation, which is provided by the Irish Government under the National Development Plan (NDP) 2000–06, is 21.6 million euros.
	Some 6 million euros will be expended by the end of 2002 and the balance is ear-marked for projects scheduled for development, subject to the usual planning and budgetary constraints, between 2003–06.

Belfast Agreement: Cross-Border Bodies

Lord Laird: asked Her Majesty's Government:
	Further to the Written Answer by the Lord Privy Seal on 9 December (WA 1) which indicated that there are no pension provisions currently for chief executives of cross-border bodies, whether the Comptroller and Auditor-General for Northern Ireland has commented on this issue; and, if not, why not.

Lord Williams of Mostyn: The Comptroller and Auditor-General for Northern Ireland (C&AG(NI)) has not reported on this to date.
	The C&AG(NI) is an independent Officer of Parliament and Ministers cannot therefore direct his work.

Food Safety Promotion Board

Lord Laird: asked Her Majesty's Government:
	Further to the Written Answer by the Lord Privy Seal on the 12 December (WA 48) concerning the Food Safety Promotion Board, when the North/South Ministerial Council agreed that the board's foreword should be in only English and Irish.

Lord Williams of Mostyn: The North/South Ministerial Council has not made any decision on the languages to be used in the foreword to the Food Safety Promotion Board's annual report.

Aid to Post-conflict Countries

Lord Moynihan: asked Her Majesty's Government:
	Whether the figures contained in CARE Afghanistan's report published on 30 September that in the four recent post-conflict settings, of Bosnia, Kosovo, Rwanda and East Timor, international donors spent an average of 250 dollars per person in aid, while in Afghanistan they have pledged 75 dollars per person for 2002 and 42 dollars per person per year over five years.

Baroness Amos: I do not dispute the accuracy of the calculations that have been made by CARE in its report but I would caution against drawing conclusions based solely upon this information. Comparisons between aid levels for Afghanistan and other post-conflict countries can be misleading. In 2002, the figure for Afghanistan is around 80 dollars per capita. One has to take purchasing power into account as well as economies of scale. The purchasing power of 1 dollar in Afghanistan is clearly a lot higher than in the Balkans; and Afghanistan is a much bigger country. Support to post-conflict countries should be based on an assessment of needs, not simple comparisons.

Reproductive Health: DfID Funding for International Organisations

Baroness Masham of Ilton: asked Her Majesty's Government:
	How much the Department for International Development gave in each of the past five years to (a) Marie Stopes International; (b) International Planned Parenthood Federation; (c) British Pregnancy Advisory Service; (d) Pregnancy Advisory Service; (e) United Nations Population Fund; and (f) Family Planning Association (United Kingdom) for the purposes of abortion;
	How much the Department for International Development gave in each of the past five years to (a) Marie Stopes International; (b) International Planned Parenthood Federation; (c) British Pregnancy Advisory Service; (d) Pregnancy Advisory Service; (e) United Nations Population Fund; and (f) Family Planning Association (United Kingdom) for the purposes of family planning;
	How much the Department for International Development gave in each of the past five years to (a) Marie Stopes International; (b) International Planned Parenthood Federation; (c) British Pregnancy Advisory Service; (d) Pregnancy Advisory Service; (e) United Nations Population Fund; and (f) Family Planning Association (United Kingdom) for the purposes of any other reproductive health services other than abortion or family planning; and
	What were the total grants the Department for International Development gave in each of the past five years to (a) Marie Stopes International; (b) International Planned Parenthood Federation; (c) British Pregnancy Advisory Service; (d) Pregnancy Advisory Service; (e) United Nations Population Fund; and (f) Family Planning Association (United Kingdom).

Baroness Amos: Data are not held centrally in the format requested. However, DfID supports a number of international sexual and reproductive health organisations that share our aim of reducing poverty and providing services and choice to poor people in accordance with the principles agreed at the UN Conference on Population and Development. All our funding supports the goal of universal access to reproductive health and is central to attainment of the Millennium Development Goals (MDGs) specifically those related to maternal mortality, HIV/AIDS and child mortality. Without access to high quality reproductive health services and care, it is most unlikely that progress will be achieved in meeting the health MDGs. We will continue to support international organisations and NGOs which make an effective contribution to these goals, and of course the efforts of governments seeking to improve people's access to reproductive health services.
	DfID funding to the organisations referred to is as follows:
	
		
			  1997–98 1998–99 1999–2000 2000–01 2001–02 
			 Organisation £000s £000s £000s £000s £000s 
			 Marie Stopes International 3,103 4,235 4,945 5,132 2,554 
			 International Planned Parenthood Federation 5,850 5,500 5,500 5,500 4,500 
			 United Nations Population Fund 11,500 13,120 15,000 40,050 24,213 
		
	
	DfID has not provided financial support to the British Pregnancy Advisory Service, Pregnancy Advisory Service or Family Planning Association (UK).

Reproductive Health: DfID Funding for International Organisations

Baroness Masham of Ilton: asked Her Majesty's Government:
	What is their current policy towards providing funds to Marie Stopes International.

Baroness Amos: DfID's funding policy to any non-profit making organisation or network, including Marie Stopes International, is based on its ability to effectively contribute to the achievement of the Millennium Development Goals; and to DfID's overall objective, the eradication of poverty.

Reproductive Health: DfID Funding for International Organisations

Baroness Masham of Ilton: asked Her Majesty's Government:
	What are the bilateral funding commitments of the Department for International Development to reproductive health services by country for the year 2001–02.

Baroness Amos: The information requested is set out in the table below: Reproductive Health 2001–02 Commitments
	
		
			 Country Principal(1) Significant(1) £ thousands Total 
			 Bangladesh 940 6,000 6,940 
			 Ethiopia — 300 300 
			 Ghana — 25,000 25,000 
			 India — 500 500 
			 Kenya — 3,500 3,500 
			 Latin America regional(2) 249 — 249 
			 Malawi — 250 250 
			 Montserrat — 539 539 
			 Mozambique — 11,339 11,339 
			 Nigeria 159 — 159 
			 Non specific country(3) 16,558 140,507 157,065 
			 Pakistan 210 3,200 3,410 
			 Peru 7,500 — 7,500 
			 South Africa, Republic of — 1,982 1,982 
			 Sudan — 220 220 
			 Tanzania — 35,250 35,250 
			 Uganda — 750 750 
			 Zimbabwe 6,800 6,000 12,800 
			 Total 32,416 235,337 267,753 
		
	
	(1) Prinicipal objectives are those which are fundamental to the design of the project or programme, without which it would not be undertaken. Significant objectives are those which, although important, are not one of the primary reasons for undertaking activities.
	(2) Regional project on reducing the incidence of HIV/AIDS.
	(3) Approximately £140 million of the significant commitment relates to the Global Health Fund.

China: Reproductive Health Programmes

Baroness Masham of Ilton: asked Her Majesty's Government:
	Whether they are aware of any involvement by Marie Stopes International in the Chinese one-child policy.

Baroness Amos: As we have repeatedly made clear, DfID supports HIV/AIDS prevention and care and UNFPA productive health programmes in China. Marie Stopes International (MSI) is assisting in the delivery of both of these. Under these programmes neither DfID nor MSI are supporting any coercive family planning practices in China. All UK assistance for reproductive health programmes is provided in support of the principles of free and informed choices set out at the International Conference on Population and Development (ICPD) in Cairo in 1994 and reaffirmed at the Cairo plus 5 meeting in New York in 1999.

China: Reproductive Health Programmes

Baroness Masham of Ilton: asked Her Majesty's Government:
	In the light of China's now below-replacement fertility rate and ageing population, whether they will cease supporting population growth containment in China.

Baroness Amos: UK assistance for reproductive health programmes in China, as elsewhere, is provided in support of the principles of free and informed choices set out at the International Conference on Population and Development (ICPD) in Cairo in 1994, and reaffirmed at the Cairo plus 5 meeting in New York in 1999. We do not support population growth containment and have no plans to withdraw our support for the ICPD principles.

Democratic Republic of the Congo

Baroness Rawlings: asked Her Majesty's Government:
	What assistance, if any, they are offering to the starving population of the Democratic Republic of the Congo.

Baroness Amos: The Department for International Development is providing substantial help to efforts directed at reducing the suffering of civilians with urgent humanitarian needs in the DRC. This includes nutritional support to communities with high levels of malnutrition. Current humanitarian support amounts to approximately £4.29 million this financial year. This supports the following activities:
	
		
			   £ 
			 ICRC Emergency Appeal 2002 2,500,000 
			 UN OCHA UN Appeal 2002: Emergency Humanitarian Interventions 500,000 
			 Merlin Essential Referral Health, Kindu 648,825 
			 MSF Dungu Referral Hospital, Haut Uele 309,652 
			 MSF Health and Nutrition, Kisangani 202,839 
			 MSF Basic Healthcare Support, Yahuma 129,652 
		
	
	DfID is also providing support to the World Food Programme through its core funding to an agreed work plan.

Ethiopia: HIV and AIDS

Baroness Rawlings: asked Her Majesty's Government:
	What assessment they have made of the impact of HIV and AIDS on Ethiopia.

Baroness Amos: Ethiopia has a generalised HIV/AIDS epidemic, with an estimated 2.1 million people affected.
	The impact is substantial and will get worse as more of those already infected die. UNAIDS estimate that the number of adults and children in Ethiopia who died of AIDS in 2001 was 160,000, while the number of AIDS orphans was estimated to be 990,000, placing greater strain on the country's already stretched social services.
	The current humanitarian situation in Ethiopia could also be complicated by the epidemic, as agricultural productivity can decline by as much as 80 per cent when a key family member is infected with HIV. Assets such as land and livestock are often sold to meet the cost of healthcare.

Global Health Fund: HIV and AIDS

Baroness Rawlings: asked Her Majesty's Government:
	What is their assessment on the performance of the Global Health Fund in tackling HIV and AIDS.

Baroness Amos: The Global Fund was established in January 2002 and designed to provide drugs and commodities to fight HIV/AIDS, TB and Malaria. Since then, it has established processes for soliciting and approving proposals and disbursing funds. In April 2002, the fund approved 616 million dollars of proposals, of which nearly 70 per cent of the resources requested were for HIV/AIDS. The first batch of grant agreements has been signed and the implementation phase is now about to start. The key challenge for the fund this year will be to ensure its resources support and build on country-led plans and processes for tackling the three diseases.
	It is too early to assess the performance of this new financing instrument on HIV/AIDS, however DfID is positive on progress to date and will continue to closely monitor country-level impact.

Iraq

Lord Judd: asked Her Majesty's Government:
	What steps they are taking to ensure that in any military intervention in Iraq the 1949 Geneva Conventions and their additional Protocols will not be breached, especially with respect to ensuring that food and water supplies will not be jeopardised in such a way that the health and survival of the civilian population is endangered.

Baroness Amos: No decision has been taken to intervene militarily in Iraq. The United Kingdom takes its international humanitarian law commitments extremely seriously. As a state party to the 1949 Geneva Conventions and their two additional Protocols of 1977, we observe the requirements of these and other international legal instruments and rules of customary international law which are binding upon us. We look to other states similarly to make every effort to meet their commitments.

Iraq

Lord Judd: asked Her Majesty's Government:
	What evaluation they have made of food and water security in Iraq; and of the vulnerability of the supply system for food and water.

Baroness Amos: Since Iraq broke diplomatic relations with the UK in February 1991, UK officials have been denied access to most of Iraq, making an independent and complete evaluation of food and water security impossible. However, UN reports show that under the UN Oil for Food programme access to food and potable water in Iraq has improved considerably since 1996. Approximately 78 per cent of the population in Baghdad-controlled Iraq, and up to 96 per cent in Northern Iraq, has access to potable water. UK humanitarian assistance to the Iraqi people also includes funding for rehabilitating water and sanitation facilities.

Iraq

Lord Judd: asked Her Majesty's Government:
	What analysis has been made of the relative costs of (a) an adequately staffed and resourced United Nations inspectorate in Iraq to contain the possibility of any deployment of weapons of mass destruction; and (b) a military intervention; if so, what was the outcome; if not, whether they will ensure that such an analysis is made without delay.

Baroness Symons of Vernham Dean: The UNMOVIC inspection operation is funded by the diversion of 2.5 per cent of the funds accrued from the sale of Iraqi oil under the oil-for-food programme. UNMOVIC is, thus, effectively self-financing. With the exception of small ad hoc costs for supporting training programmes and the provision of some advisory services to UNMOVIC HQ, the UNMOVIC operation is cost-free as far as the UK is concerned.
	No decision has been taken to launch military action. There has, however, been some preparatory and planning work undertaken. It is not possible to estimate the costs of any military action that might be undertaken.

Iraq

Baroness Hilton of Eggardon: asked Her Majesty's Government:
	What are their policy objectives on Iraq.

Baroness Symons of Vernham Dean: As I have made clear to the House on a number of occasions, Her Majesty's Government's policy on Iraq is to ensure Iraq complies with its obligations under relevant United Nations Security Council resolutions (UNSCRs), including by giving up its weapons of mass destruction.
	Her Majesty's Government's prime objective is to rid Iraq of its weapons of mass destruction (WMD) and their associated programmes and means of delivery, including prohibited ballistic missiles (BM), as set out in UNSCRs. This would reduce Iraq's ability to threaten its neighbours and the region, and prevent Iraq using WMD against its own people. UNSCRs also require Iraq to renounce terrorism, and return captured Kuwaitis and property taken from Kuwait.
	These UNSCRs are an expression of the will of the international community, with which Iraq has persistently failed to comply, thereby perpetuating the threat to international peace and security.
	A further objective is to maintain the authority of the United Nations by demonstrating the Security Council's effective response to the challenge posed by Iraq's non-compliance. Success in achieving our prime objective should help deter the proliferation of WMD and BM more generally.
	We have pursued these objectives through the United Nations, culminating in the unanimous adoption by the Security Council of UNSCR 1441 (2002) on 8 November 2002.
	Her Majesty's Government's immediate priorities are to:
	(a) Support the work of the UNMOVIC/IAEA inspectors in Iraq;
	(b) Enable UNMOVIC/IAEA to institute long-term measures to ensure compliance as part of their ongoing monitoring and verification regime;
	(c) Maintain international solidarity behind the United Nations Security Council and support for effective UNMOVIC/IAEA action;
	(d) Preserve regional stability;
	(e) Continue to make military plans and preparations in case military action is required to enforce compliance by Iraq with its WMD/BM obligations under UNSCRs;
	(f) Continue to support humanitarian efforts to relieve the suffering of the Iraqi people.
	We would like Iraq to become a stable, united and law-abiding state, within its present borders, co-operating with the international community, no longer posing a threat to its neighbours or to international security, abiding by all its international obligations and providing effective and representative government for its own people.
	These objectives are consistent with wider government policy which includes:
	(a) Efforts to resolve other causes of regional instability, including the Middle East peace process;
	(b) Wider political engagement with Arab countries and the Islamic world;
	(c) Efforts to counter the proliferation of WMD; and
	(d) The elimination of terrorism as a force in international affairs.
	To achieve our objectives we will act in conformity with international law, including the United Nations Charter and international humanitarian law.
	Consistent with the above, we are working intensively with our allies and partners to secure the peaceful disarmament of Iraq's WMD by means of UNMOVIC/IAEA inspections. But as SCR 1441 makes clear, if the Iraqi regime does not comply, it will face serious consequences.

Smallpox

Lord Hodgson of Astley Abbotts: asked Her Majesty's Government:
	Whether they consider that adequate safeguards are in place to prevent the further sale of the smallpox virus following its sale by the United States to Russia and by Russia to Iraq.

Baroness Symons of Vernham Dean: All strains and isolates of the smallpox virus are now located under the control of the World Health Organisation in two laboratories—one in Russia and one in the United States. The World Health Organisation is responsible for any transfers and we have no reason to believe that there has been any breach of this arrangement.

Highways: Winter Maintenance

Lord Greaves: asked Her Majesty's Government:
	On what basis they make their assessment of the number of winter "gritting days" for highways authorities in Lancashire, Greater Manchester, Merseyside and West Yorkshire, used to determine central government support for highways winter maintenance; and what is the amount assessed as part of their grant payments to each authority in these areas in the current year.

Lord Rooker: Government funding is provided for local authority highways maintenance through the formula grant distribution system. Grant is not ring-fenced for any particular service; spending decisions are a matter for local authorities.
	The grant distribution formulae include one reflecting the relative costs of highway maintenance. The proposed new formula for 2003–04 includes a predicted gritting days indicator, which is an assessment of the average number of days where gritting is required for the authority. Data used for this assessment come from the Meteorological Office Open Road Index (MOORI). This is a retrospective forecast of the number of days on which gritting (or salting) would have been required at individual weather stations. The forecast is based on a number of variables, not just temperature. Further information can be found on the Internet at http://www.local.dtlr.gov.uk/finance/0304/grant.htm.
	The proposed indicator was created using data from a number of weather stations that were chosen to represent the distribution of roads within the authorities' areas. Data from the stations were averaged to obtain a figure to represent the average annual number of days where gritting would have been predicted. This figure was used for the "predicted gritting days" indicator. A table showing the weather stations used for highways authorities in Lancashire, Greater Manchester, Merseyside and West Yorkshire has been placed in the House of Lords Library. A table showing weather stations used for all authorities in England can also be found as at the internet address above.
	Predicted gritting days were not used in the calculation of revenue support grant for 2002–03.

Persons Granted Exceptional Leave to Remain in the UK: Housing

Earl Russell: asked Her Majesty's Government:
	What temporary housing is available to those whose exceptional leave to remain has expired and who then become homeless before the date of their removal.

Lord Rooker: A person who has been granted exceptional leave will be eligible to apply for further exceptional leave if they have not yet completed four years on this status or to apply for indefinite leave at the four-year point. While many applications for indefinite leave are successful, some will be refused, and while the individual will have a right of appeal against this decision, they will be expected to leave the country if their appeal is unsuccessful.
	Persons granted exceptional leave to remain in the UK are eligible for housing benefit and eligible for local authority housing, and therefore have the means to secure a tenancy of accommodation in either the social or private rented sectors. Where such a tenancy is held, the rights of the tenant would not end as a consequence of the expiry of their leave to enter.
	Persons who require leave to enter or remain in the UK and who do not have it are not eligible for local authority housing or assistance under the homelessness legislation but in certain circumstances may currently be eligible for local authority assistance under social services legislation. From 8 January 2003, under provisions in the Nationality Immigration and Asylum Act 2002, persons who require leave to enter or remain in the UK and who do not have it will not be eligible for local authority assistance other than assistance to enable them to leave the UK or, in certain circumstances, the provision of temporary accommodation to protect the welfare of a dependent child.

Single Currency

Lord Stoddart of Swindon: asked Her Majesty's Government:
	Whether they will place in the Library of the House the titles of each Act of Parliament, and part thereof, concerning the powers and responsibilities of (a) the Bank of England; (b) clearing banks in the United Kingdom; (c) the Financial Services Authority; (d) credit institutions or companies; and ;(e) markets and exchanging bodies; and concerning rules of auditing or statutory declarations, which are currently within the scope of European regulations, directives, or other directly applicable requirements and those, and others, which would be transferred from the powers and prerogatives of Parliament to any institution of the European Community in the event of its accession to the euro currency system.

Lord McIntosh of Haringey: I regret that a full list of the UK legislation in the areas specified that implement European requirements could only be compiled at disproportionate cost.
	Participation by the United Kingdom in the single currency would entail the transfer of legal responsibility for monetary policy to the European Central Bank, as I pointed out in my response of 1 July 2002 (Official Report, col. WA 7), and would thus affect, inter alia, the powers of the Bank of England under the Bank of England Acts 1946 and 1998. Responsibility for the prudential supervision of banks and other financial instititions, within the framework established by the Financial Services and Markets Act 2000, pursuant where appropriate to the relevant sectoral EC measures, would remain with the Financial Services Authority.

Gift Aid: Works of Art

Lord Freyberg: asked Her Majesty's Government:
	Whether they will consider extending Gift Aid to include works of art as recommended in part 1:56 of the 48th report of the Reviewing Committee on the Export of Works of Art.

Lord McIntosh of Haringey: Any extension of tax relief for gifts to charity to works of art would be a matter for the Chancellor of the Exchequer to consider as part of his Budget deliberations.

Legal Services

Baroness Anelay of St Johns: asked Her Majesty's Government:
	What measures they are taking to ensure that the changes to the future delivery of legal services proposed in their consultation paper In the public interest? do not reduce the current level of consumer protection but maintain and improve access to justice.

Baroness Scotland of Asthal: The aim of the paper was to collect views and evidence to enable the Government to address the issues raised. The next step is to settle policy on those issues. In doing so, the Government will wish to gauge the impact of policy options on the market in legal services, consumers and the wider public interest.
	The Government are committed to ensuring that the professions are properly subject to competition. In most cases, open and competitive markets are the best way to ensure that consumers get the best possible service, but the public interest in protecting consumers and ensuring probity are also important factors, as is access to justice.

Discrimination: Enforcement Powers

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether they consider that strategic law enforcement should be given a high priority in tackling all forms of unlawful discrimination, as envisaged by the White Paper on Equality for Women (September 1974) and the White Paper Racial Discrimination (September 1975).

Baroness Scotland of Asthal: The Government believe that individual right of redress and strategic enforcement with the potential for wider impact are both essential elements of discrimination law.
	The Equal Opportunities Commission, the Commission for Racial Equality and the Disability Rights Commission all exercise independent judgment in the discharge of their functions, including their enforcement powers. The Government consider that this independence is a fundamental feature of the way in which the commissions work.

Discrimination: Enforcement Powers

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether they consider that the Commission for Racial Equality, the Disability Rights Commission and the Equal Opportunities Commission should perform their functions with respect to the enforcement of the anti-discrimination legislation independently from Government influence regarding the commissions' decisions to assist individual claimants, to conduct investigations, to issue non-discrimination notices or to bring proceedings in their own name; and, if not, what is the Government's perception of the proper relationship between the commissions and the Government with respect to the exercise of such functions in relation to law enforcement.

Baroness Scotland of Asthal: The Equal Opportunities Commission, the Commission for Racial Equality and the Disability Rights Commission all exercise independent judgment in the discharge of all their functions within the context of their statutory obligations and status as non-departmental public bodies. The Government consider that this independence is a fundamental feature of the way in which the commissions work.

Wideroe Airlines Plane Crash

Lord Faulkner of Worcester: asked Her Majesty's Government:
	Whether they are planning to give evidence to the new inquiry initiated by the Government of Norway into the circumstances surrounding the crash of the Wideroe Airlines Twin Otter mail and passenger plane at Mehamn, Norway, on 11 March 1982, in view of witnesses' reports that Royal Air Force Harriers were seen on a flight path close to the crashed aircraft.

Lord Bach: We will offer every assistance to the Norwegian commission of inquiry if requested to do so.

Major (Retired) Christine Lloyd: MoD Communications

Lord Morris of Manchester: asked Her Majesty's Government:
	Further to the Written Answer by the Lord Bach on 7 November (WA 161), what reply they are sending to the further representations made to them by Major (Retired) Christine Lloyd, a Gulf War veteran; and whether there is any action they will be taking.

Lord Bach: As of 9 December 2002, the Ministry of Defence had not received any written representations from Major (Retired) Christine Lloyd since her letter to me of 20 October 2002. On 29 November, Major (Retired) Lloyd telephoned a MoD official and her query was answered.

Eurofighter Typhoon Aircraft

Lord Craig of Radley: asked Her Majesty's Government:
	Following the delay in the entry to service of the Eurofighter Typhoon aircraft to the end of 2002 announced in Parliament on 23 May (HC Deb, 477W) and the further announcement on 5 December (HC Deb, 84WS) of another delay to the end of June 2003, what will be the hand-over dates of the first operational aircraft to the air forces of the partner countries in this programme; and what financial and other penalties will be borne by the Ministry of Defence resulting from this further delay.

Lord Bach: None of the partner nation air forces will be able to take delivery of Typhoon before joint type acceptance and the subsequent verification processes have been completed. As we stated on 5 December, we do not expect this to be achieved before the end of June 2003. Actual hand-over dates will be a matter for the individual governments concerned.
	Typhoon is being procured under fixed price contracts. The Ministry of Defence does not anticipate any signficant financial or other penalties to result from the delay as we aim to adhere to the planned operational employment date for Typhoon, and replace existing fleets on schedule. The financial and schedule effects of the loss of a development aircraft in November are still being investigated.

Computer Misuse Act: Prosecutions

The Earl of Northesk: asked Her Majesty's Government:
	Further to the Written Answer by Lord Rooker on 26 March (WA 36), whether figures are now available for the number of prosecutions under the Computer Misuse Act 1990 in 2001.

Lord Falconer of Thoroton: The information requested is contained in the table.
	Because the number of cautions exceeded prosecutions for Section 1 in England and Wales, these data are also shown.
	Information for Northern Ireland should be available around summer 2003.
	
		Number of persons(1) cautioned by the police and proceeded against for offences under the Computer Misuse Act 1990, United Kingdom, 2001
		
			  England and Wales Scotland Northern Ireland 
			  Statute Offence description  Cautions Prosecu- tions  Cautions Prosecu- tions  Cautions Prosecu- tions 
			 Computer Misuse Act 1990, Sec. 1 Unauthorised access to computer material 10 9 + - .. .. 
			 Computer Misuse Act 1990, Sec. 2 Unauthorised access with intent to commit or facilitate commission of further offences  4 + - .. .. 
			 Computer Misuse Act 1990, Sec. 3 Unauthorised modification of computer material 10 12 + 1(2) .. .. 
			  Total 20 25 + 1(2) .. .. 
		
	
	(1) Figures provided are on the principal offence basis.
	(2) The figures provided for Scotland have been derived from information held on the Scottish Executive Justice Department's court proceedings database. These data are subject to the data quality limitations inherent in any large statistical database.
	.. = not available.
	+ = not applicable.
	- = nil.

Cultural Property: Offences

Lord Renfrew of Kaimsthorn: asked Her Majesty's Government:
	What steps they are taking to counter the increasing scale of art crime; and what progress the Home Office is making with the establishment of a stolen objects database relating to cultural property.

Lord Falconer of Thoroton: The Government are supporting the Dealing in Cultural Property (Offences) Bill. This Bill, which has recently been introduced, would create a new criminal offence of dishonestly importing, dealing or being in possession of any cultural object, knowing or believing that the object was stolen, or illegally excavated, or removed from any monument or wreck contrary to local law. The UK formally acceded to the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property on 31 October 2002. The convention enables countries which are parties to the convention to claim back stolen antiquities which surface in the countries of fellow signatories. Home Office officials continue to work with colleagues in the Department for Culture, Media and Sport (DCMS) and law enforcement to consider the feasibility of implementing a national database of unlawfully obtained cultural property as recommended by the House of Commons Select Committe in July 2000. Officials from the DCMS are currently in the process of drawing up a business case for such a database.

Hunting

Baroness Mallalieu: asked Her Majesty's Government:
	Further to the statement by Lord Whitty on 3 December (HL Deb. cols. 1048-51), whether they will identify the "incontrovertible evidence" that deer hunting has no utility and involves cruelty; and
	Further to the statement by Lord Whitty on 3 December (HL Deb. cols. 1048-51), whether they will identify the "incontrovertible evidence that hare coursing has no utility and involves cruelty.

Lord Whitty: The Bill that was published on 3 December is intended to enable Parliament to reach a conclusion on the contentious issue of hunting with dogs. It seeks to prevent cruelty while recognising those activities which are necessary to countryside management such as the protection of animals or crops. All activities have to satisfy the two tests of "utility" (what is necessary for purposes set out in Clause 8, including the protection of livestock and crops) and cruelty (what method involves the least suffering). The evidence on which decisions were taken include the report of the Burns inquiry and evidence provided to that inquiry, submissions from a variety of organisations and individuals to my right honourable friend in response to his invitation in March to submit evidence, and to his further invitation to respond on specific issues in May. The Burns inquiry concluded "that hare coursing is a sport and not to control hare numbers, and stalking and flushing out causes less suffering than deer hunting and will always be available". Following his open period of consultation my right honourable friend formulated tests for utility and cruelty as set down in Clause 8 of the Hunting Bill. He has returned to the evidence referred again in the light of his consultation process and feels it is quite clear that both hare coursing and deer hunting do not meet both the tests.

Timber Products

Lord Hylton: asked Her Majesty's Government:
	What success they have had in recent years in increasing demand for home-grown timber, and in particular thinnings; and how they view prospects for wood products in (a) gluing technology and laminated timber; (b) long fibre spruce round-wood and (c) renewable energy, including industrial heating and combined heat and power.

Lord Whitty: British roundwood deliveries to the wood processing industry currently stand at some 7.5 million tonnes per annum, compared with 7.1 million in 1996. This increase has been against a background of a continuing decline in international and UK prices for round timber, which is adversely affecting the area of woodland being thinned in Britian. The development of gluing and laminating technologies is now being adopted by commerical companies in new timber products. Long fibre spruce roundwood is an excellent pulping material and there is some potential for an increase in its use. Renewable energy, including heating, offers a potentially major new market for small and low grade timber. There is now a significant number of small schemes and sites utilising wood fuel for heat. Co-firing with coal for power is another promising option.

Pigeons

Lord Tebbit: asked Her Majesty's Government:
	Whether their use of trained birds of prey to remove pigeons from government buildings is compatible with their policies towards animal rights and welfare.

Lord Whitty: All wild birds are protected under Section 1 of the Wildlife and Countryside Act 1981, which implements the EC Birds Directive in the United Kingdom. However, Section 16 of the 1981 Act sets out the circumstances under which Defra can issue licences to control protected species of birds. The feral pigeon is included in the list of 13 "pest birds" covered by general licences. These licences allow the control of listed birds by authorised persons all year round, where they are considered a threat to public health and safety. Permissible methods would include the use of trained birds of prey to control pigeon populations. Using raptors to control pigeons emulates the naturally occurring predator/prey relationship. This method, operated under the strict auspices of the departmental licence, is compatible with the Government's policies towards animal rights and welfare.

Environment Agency: Cost Recovery

Lord Mackie of Benshie: asked Her Majesty's Government:
	Given that the Environment Agency is required to operate a full cost recovery regime, how much do the size and cost of the work feature in the calculations of the inspection charges.

Lord Whitty: The Environment Agency's regulatory charges are not based on the visit of an inspector, but on the total annual cost of the full range of agency activity associated with regulating specific environmental functions. The agency apportions its costs to individual chargepayers on the basis of the principles set out in its published charging schemes. The agency is currently consulting on proposals to realign its apportionment of costs to reflect the degree of environmental risk associated with activity. It is proposing to apply these principles to its integrated pollution prevention and control, and waste management charges and is considering extending this principle to other regulatory regimes and charges.

Integrated Pollution Prevention and Control: Inspections

Lord Mackie of Benshie: asked Her Majesty's Government:
	Whether the new body, IPPC (Integrated Pollution Prevention and Control), has the necessary experience of agriculture to carry out inspections at reasonable speed and cost; and, if not, whether charges will be reduced or waived during its learning period.

Lord Whitty: Integrated Pollution Prevention and Control is a regime for regulating industrial pollution, established by a 1996 directive of the same name and is being implemented through the Pollution Prevention and Control (England and Wales) Regulations 2000 and the Pollution and Control Regulations (Scotland) 2000. Corresponding secondary legislation for Northern Ireland is expected to be made early in 2003. Under this regime intensive pig and poultry production is regulated by the Environment Agency in England and Wales, the Scottish Environment Protection Agency and the Northern Ireland Environment and Heritage Service. Installations existing in October 1999 in Great Britain will be required to apply for an IPPC permit around the end of 2006. New installations are required to have an IPPC permit before commencing operation. The regulators are working with the farming sector to streamline the regulatory process for farmers and to minimise costs. Charges are not being waived, although particular effort is being directed to helping first time applicants.

Family Visitor Appeals

Lord Dholakia: asked Her Majesty's Government:
	Whether they have plans to review family visitor appeals in the light of the concern expressed by the citizens advice bureau.

Lord Filkin: The Government introduced family visitor appeals in October 2000. Since then, we have made a number of changes to the system in the light of operational experience and in response to input from stakeholders, including non-governmental organisations. We will consider the concerns of the National Association of Citizens' Advice Bureaux with the results of the research commissioned by the inter-departmental team which the Home Secretary set up to review family visitor appeals.

Deportation

Earl Russell: asked Her Majesty's Government:
	Whether they have taken legal advice on the practice of deporting people who have children born in this country and are therefore British subjects and ineligible for deportation and its compatibility with Article 8 of the European Convention on Human Rights.

Lord Filkin: A person born in the United Kingdom will not necessarily be a British Citizen. The law on citizenship changed on 1 January 1983 when the British Nationality Act 1981 came into force. Since that date, a child born in the United Kingdom will only be a British citizen automatically, if he is born to a parent who is either settled in the UK or a British Citizen. When deciding whether or not to take deportation action, staff in the Immigration and Nationality Directorate are required to act in accordance with the Human Rights Act 1998. Where a person alleges that a decision taken under the Immigration Acts which relates to his right to remain in the United Kingdom infringes his human rights, he has a right of appeal to an adjudicator before removal unless he has already had a one-stop appeal at which the point could have been raised. Where the person has a British citizen child, that is a factor which will be taken into account in deciding whether or not to remove him or her, but the European Court has made it clear that Article 8 does not automatically over-ride the immigration laws of individual signatory states. Removal in those circumstances would therefore not necessarily be incompatible with that article.

Deportation

Earl Russell: asked Her Majesty's Government:
	Whether an order of deportation confers authority on those who execute it to deny deportees access to their possessions; and whose property such possessions are after deportation.

Lord Filkin: A person who is subject to deportation action is liable to detention in accordance with paragraph 2 of Schedule 3 to the Immigration Act 1971. A deportation order does not directly affect access to possessions, but clearly a person who is not at liberty will not necessarily have free access. Deportation does not affect legal title, and any possessions remain the property of the deportee after his or her removal. The individual concerned will be aware that they are liable to removal from the United Kingdom, and the onus is on them to make such arrangements in respect of their possessions as they see fit.

Local Authorities: Administrative Errors and Enforcement Agents

Lord Morris of Manchester: asked Her Majesty's Government:
	Further to the suicide of Mr Watson living alone in Southwark and receiving jobseeker's allowance, as reported by the Local Government Ombudsman, what action they are taking to ensure that threats of legal action following an administrative error do not recur.

Baroness Hollis of Heigham: It is always a matter of deep regret when someone takes their own life. I would like to express my sympathy to the family of the deceased. We are committed to improving the administration of housing benefit and council tax benefit in all local authorities (LAs). We have listened to LAs and have introduced improvements that make the schemes easier for them to administer and easier for the public to understand. We have published comprehensive performance standards and have provided the tools for LAs to self-assess their performance. We also provide direct practical support for authorities through our help team, performance improvement action teams and a kit of proven service improvement tools and techniques. These measures have already begun to make a real difference to the standard of performance in many authorities. The Lord Chancellor's Department is working to improve the standards of business ethics and practice of the enforcement profession, enforcement agents and those who employ them or use their services. They have produced national standards for enforcement agents to share, build on and improve existing good practice and thereby raise the level of professionalism across the whole sector. This guidance includes the advice that enforcement agents or agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected, and that the recovery process includes procedures agreed between them about how such situations should be dealt with. Both the Office of the Deputy Prime Minister and the Local Government Association are strongly encouraging all LAs to ensure that enforcement agents working on their behalf adopt the national standards. In addition the Association of Civil Enforcement Agencies and the Certificated Bailiffs Association have both recently agreed to incorporate adherence to the national standards in their codes of conduct for their members in the near future and to encourage them to be recognised in contractual arrangements where appropriate. The Lord Chancellor's Department plans a White Paper early next year which will contain a package of proposals for improved methods of recovery for civil court debt and commercial rent, and a single regulatory regime for warrant enforcement agents.

Asylum Seekers: Health Screening

Baroness Rawlings: asked Her Majesty's Government:
	What screening of asylum seekers for HIV/AIDS is being done.

Lord Hunt of Kings Heath: We do not offer asylum seekers routine testing for HIV. Voluntary and confidential testing is available in this country to anyone who feels that they may have been at risk of infection in free and open access genito-urinary medicine clinics.

Asylum Seekers: Health Screening

Baroness Rawlings: asked Her Majesty's Government:
	What is the cost to the taxpayer of screening asylum seekers for tuberculosis and HIV/AIDS.

Lord Hunt of Kings Heath: A person's immigration status is not routinely recorded when they receive a test for tuberculosis or HIV/AIDS, and where this information is recorded it is not collected centrally. It is therefore not possible to calculate the overall cost to the taxpayer of asylum seekers who receive such services.

Legionella Outbreak in Barrow-in-Furness: PHLS Support

Lord Clement-Jones: asked Her Majesty's Government:
	What support the Public Health Laboratory Service provided during the recent legionella outbreak in Barrow-in-Furness.

Lord Hunt of Kings Heath: The main contribution of the Public Health Laboratory Service (PHLS) was in processing environmental specimens (water) and in the typification of the patient-derived legionella specimens for matching to the environmental evidence. It supplied the capacity for, and assisted in, testing clinical specimens both locally and nationally. It also supplied the capacity for serological follow-up and processing of environmental specimens. In addition to its laboratory expertise, the PHLS in the North-West contributed the expertise of two consultants who between them have wide experience in the management of Legionnaires' Disease outbreaks. Their contributions to the investigation of the outbreak were particularly important in the areas of epidemiological analysis, environmental reviews, forensic evidence collection and management. We are still evaluating the many lessons that are to be learned from this outbreak. It was a large outbreak and was resolved only by the active participation of many agencies including the PHLS, NHS trusts, the Cumbria and Lancashire Health Protection Unit, the Health and Safety Executive, the local authority environmental health department, and the Cumbria police. Very good co-operation existed between all partners throughout the investigation, which was an essential feature of the successful management of this outbreak.

Local Authority Children's Homes

Lord Northbourne: asked Her Majesty's Government:
	Whether they intend to take action to ensure that local authority childcare homes have adequate funding and enough appropriately trained staff to provide the care that damaged children need.

Lord Hunt of Kings Heath: We are making significant additional resources available for personal social services (PSS) over the next three years (2003–04 to 2005–06). Total PSS resources are set to increase by an average 6 per cent per year in real terms over that period. The children's services grant alone will total over £560 million in 2003–04. However, most of the resources available to local government are not earmarked and it is for each individual local council to decide how much to spend on its children's homes in the light of its local priorities. The Care Standards Act commenced in April 2002. National minimum standards for children's homes were issued along with this Act and these form the basis for judgments made by the National Care Standards Commission as to whether individual homes are providing satisfactory care for the children they are looking after. Standard 29 states that in every children's home a minimum ratio of all staff should have completed their National Vocational Qualification (NVQ) level 3 in Caring for Children and Young People by January 2005. Staff may hold other qualifications that require similar competencies to the NVQ3. Currently £57 million is allocated through the training support programme. The objective of this is to increase significantly the proportion of staff who have appropriate qualifications for the work that they undertake, at vocational, qualifying and post-qualifying levels. In 2003–04—as part of the financial settlement for the personal social services—new grants have been allocated to improve the skills of the social care workforce, so that they are able to deliver care that meets the national minimum standards.

Antenatal Clinics

Lord Northbourne: asked Her Majesty's Government:
	How many professionals are employed in antenatal clinics and are trained to offer advice to prospective parents on the emotional needs of young children; and what proportion of the total this represents.

Lord Hunt of Kings Heath: Information about the numbers of professionals employed in antenatal clinics and their training is not collected centrally. The General Medical Council expects all medical graduates to understand human development and areas of psychology and sociology relevant to medicine, including child, adolescent and adult development. Graduates must take account of patients' understanding and experience of their condition, and be aware of the psychological effects that this can have on them and their families.

NHS: Research and Development Budget

Lord Turnberg: asked Her Majesty's Government:
	What was the research and development budget for the National Health Service in each of the past five years; and what percentage of the total National Health Service budget these represented for each of these years.

Lord Hunt of Kings Heath: The National Health Service expenditure on research and development in England in each of the past five years is given as follows, along with the percentages of total NHS expenditure in England that these figures represent.
	
		
			 1997–98 1998–99 1999–2000 2000–01 2001–02 
			 £426 million £420 million £434 million £449 million £475 million 
			 1.23 per cent 1.15 per cent 1.09 per cent 1.02 per cent 0.96 per cent 
		
	
	The research and development budget has increased in real terms by 1.5 per cent above inflation. The Government's aim is to ensure that there are enough resources to meet the NHS's need for research. This is underpinned by a drive to deliver high quality research and takes account of the activities of other funders of research in the NHS, which are the research councils, the universities and the medical research charities.

Mental Health: Black and Minority Ethnic Groups

Lord Clement-Jones: asked Her Majesty's Government:
	Whether a draft strategy to improve mental care of black and minority ethnic groups has been produced by a national reference group working to the Mental Health Task Force; when they expect Ministers to approve the strategy; when they expect to publish the strategy; and what the reasons are for delay in approving and publishing the strategy.

Lord Hunt of Kings Heath: A national reference group, led by Professor Sashi Sashidharan, has produced a report which recommends actions to improve mental health services for people from black and minority ethnic groups. The report is due to be published early in 2003.

Hospices

Lord Hayhoe: asked Her Majesty's Government:
	Further to the Written Answer by Lord Hunt of Kings Heath on 9 December (WA 14), what proportion of the additional funds intended for hospices has reached front-line services in the latest 12-month period for which figures or estimates are available; and what is the shortfall.

Lord Hunt of Kings Heath: The NHS Cancer Plan commitment is that National Health Service investment in specialist palliative care will increase by £50 million per annum by 2003–04, compared with 2000–01. This increase is intended both to enable the NHS to make a more realistic contribution to the costs hospices incur in providing agreed levels of service, and to tackle inequalities in access to specialist palliative care. We have not identified a specific share intended for hospices.

Potters Bar Points 2182A:Communications and Responsibilities

Lord Berkeley: asked Her Majesty's Government:
	What communication took place during the week beginning 4 November between the Department for Transport and the Health and Safety Executive, and between the Department for Transport and Network Rail, over the planned reinstatement of points 2182A at Potters Bar during the weekend of 9–10 November; and whether the Department for Transport was responsible for the cancellation of the planned work.

Lord Macdonald of Tradeston: The department has regular contact with Network Rail and the Health and Safety Executive. In the week in question, the reinstatement of points 2182A was raised in conversations between senior officials and Network Rail's management. However, the decision not to reinstate these points was taken by Network Rail.

Procurement

Lord Dholakia: asked Her Majesty's Government:
	Why they oppose the European Parliament amendments to the proposals for revision of the European Union Public Procurement Directives, which would permit wider use of social criteria at the award stage.

Lord Sainsbury of Turville: The Government view the proposals for revision of the EC Public Procurement Directives, which reached political agreement at the May 2002 Internal Market, Consumer Affairs and Tourism Council, as achieving the right balance on the use of social criteria at the award stage of the procurement process. The use of social criteria at this stage is permissible where such criteria are relevant to the subject matter of the contract, and provide a benefit to the contracting authority. Going beyond this, at the award stage, which would be the effect of certain EP amendments, would not be consistent with the principles, including value for money, on which the directives are based. It is at the earlier, specification stage that relevant wider issues should be considered.

Procurement

Lord Dholakia: asked Her Majesty's Government:
	Whether they will review their position in the light of the recent European Court of Justice ruling in the Helsinki Concordia Bus case (C513-99) which reinforces the principles of the Commission v. France ruling (C225-98) relating to the scope for inclusion of social consideration in the award stage of a contract.

Lord Sainsbury of Turville: No review is considered necessary. Whilst the Court (in case C-513/99) stated that it is permitted in principle to use criteria "relating to the preservation of the environment" when awarding a contract, the judgment makes it clear that such criteria must be linked to the subject of the contract, not confer an unrestricted freedom of choice on the authority, be expressly mentioned in the contract documents or the tender notice, and comply with all the fundamental principles of Community law, in particular of non-discriminiation. This is in line with the UK's understanding of the position under the current EC procurement directives. The judgment does not, therefore, require a change to the normal value-for-money criteria permitted at contract award stage. The Commission v. France ruling (C-225/98) does not have any direct bearing on the use of environmenal award criteria. There, the Court held that it might be possible in limited circumstances for a condition relating to unemployment to be used as a contract ward criterion if it complied with the fundamental principles of Community law and the rules on advertising.

Queen's Golden Jubilee Medal

Lord Marlesford: asked Her Majesty's Government:
	Whether they will list all the categories of persons to whom the Queen's Golden Jubilee Medal is being distributed, other than the categories included in the Written Answer by Baroness Blackstone on 4 November (WA 55), indicating the number of medals being issued to each of these other categories.

Baroness Blackstone: In addition to the medals awarded to the Armed Forces, emergency services and Victoria Cross and George Cross holders, the Queen has personally awarded 1,883 Golden Jubilee Medals—paid for by the Privy Purse—to members of the Royal Household and their staff, and those who represent her.

National Lottery: New Opportunities Fund and Community Fund

Baroness Anelay of St Johns: asked Her Majesty's Government:
	What discussions have been held by Ministers or officials to consider a merger of the New Opportunities Fund with the Community Fund; and
	On what basis they would consider merging the New Opportunites Fund with the Community Fund; and what legislation would be required to enable such a merger to take place.

Baroness Blackstone: Discussions have taken place with the two distributors in the context of proposals in our recent consultation paper on making the delivery of lottery funding more efficient and effective. No decisions have been taken and legislative implications need to be further explored. Whatever the outcome the share of lottery funds going to charities will remain until at least 2009 and the independence of lottery distributors in making decisions on individual applications will be preserved.

Export of Works of Art

Lord Freyberg: asked Her Majesty's Government:
	Whether they will update the United Kingdom's Open General Export Licence limits as recommended in Part 1:42 of the 48th report of the Reviewing Committee on the Export of Works of Art.

Baroness Blackstone: Following the consultation paper, to which the reviewing committee referred in its 48th report, the United Kingdom's Open General Export Licence limits were updated on 1 November 2002.